An officer stationed himself in a hidden location about fifty yards from a suspect's house and, with the aid of binoculars, watched the activities of the suspect, a known liquor law violator. The officer observed the defendant place two large cardboard boxes containing bottles of untaxed whiskey into his car. The officer's information _____.

Question

Quizplus · Accepted Answer

The officer's observation was lawfully gathered because the suspect did not have a reasonable expectation of privacy in items that were visible in plain view from a public location. The officer did not physically enter the suspect's property or search the property without a warrant or probable cause, which would have been a violation of the Fourth Amendment. The use of binoculars did not enhance the officer's ability to see items that were not already visible to the naked eye.

An Officer Stationed Himself in a Hidden Location About Fifty